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(영문) 부산지방법원 2019.05.03 2018노2139
사기등
Text

Of the judgment of the court of first instance, the part concerning the first-B and C crimes No. 2 of the judgment and the judgment of the court of second instance are all.

Reasons

1. Summary of grounds for appeal;

A. Each punishment sentenced by the lower court (Article 1: 1 month of imprisonment with prison labor for the crime set forth in the judgment of the lower court and 3 months of imprisonment with prison labor for each crime set forth in the judgment, and 2 years and 6 months of imprisonment with prison labor) is too unreasonable.

B. The above sentence imposed by the court below of the second instance is too unhued and unreasonable.

2. Ex officio determination (as to the crime Nos. 1-B and (c) of the judgment of the court of first instance, and the crime No. 2 of the judgment of the court of second instance as to the defendant and the prosecutor's appeal), prior to the judgment of the court of second instance, the prosecutor filed each appeal against the judgment of the court of second instance and the pleading was combined at the trial. Since the crime No. 1-B and (c) of the judgment of the court of first instance and the crime No. 2 of the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act and each crime of Article 38(1) of the judgment of the court of second instance, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part concerning the crime No. 1-B, (2) of the judgment of

3. As seen earlier, we examine the Defendant’s assertion of unfair sentencing on the crime No. 1 of the judgment of the court of first instance, except for the part on the grounds of ex officio reversal as to the Defendant’s allegation of unfair sentencing on the crime No. 1 of the judgment of the court of first instance.

It is recognized that the defendant could have been tried simultaneously with fraud which became final and conclusive as of February 21, 2013, when he led to confession and misjudgments as to this part of the facts charged.

However, in full view of the following factors: (a) the Defendant repeatedly committed the instant crime even though he/she had been punished several times due to fraud, etc.; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the instant crimes; and (c) the first instance court’s imprisonment with labor for one month prescribed by the lower court in this part.

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